| Citation(s) |
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| 2025 SLG 2069 2025 SLD 2069 = 2025 SCP 257 |
Civil Petition No.770-K of 2022 Against the order dated 10.03.2022 passed by the High Court of Sindh, Circuit Court Larkana in 2nd Civil Appeal No.S-06/2019
Justice Muhammad Ali Mazhar Justice Aqeel Ahmed Abbasi
For the Petitioners: Mr. Nazar Akbar, ASC For
Respondents 1& 2: For
Respondents 3 & 4 : Mr. Habib ur Rehman Jiskan, ASC Mr. Abida Parveen Channar, AOR Nemo. Date of Hearing: 28.03.2025
Habib-ur-Rehman and others …Petitioners
VERSUS
Abdul Karim (deceased) through L.Rs & others …Respondents
Law: Criminal Procedure Code (V of 1898)
Section: VII , VII , 144, 11, 2(2), 149 ,VII
Law: Limitation Act, 1908
Section: 142, 3 ,5
The judgment by Muhammad Ali Mazhar, J., addresses key legal issues regarding a civil petition challenging dismissal of a suit for possession of immovable property and related appeals. The Court set aside lower courts’ concurrent findings and remanded the case for fresh adjudication, highlighting errors in application of limitation and procedural laws and clarifying principles of res judicata.
Summary and Core Points:
Background: Petitioners owned a hotel property. Respondents, as tenants of previous owners, were evicted via rent case order executed in 1988. Subsequent legal actions, including rent appeals and applications under Section 144 CPC for restitution, led to conflicting decisions on possession rights.
Suit and Appeals: Petitioners filed Civil Suit No. 151/2018 for possession, which was dismissed on grounds of limitation and res judicata, with appellate courts affirming dismissal, partly due to non-payment of court fees without opportunity to cure defect.